In an earlier article I reviewed the operations and activities that are subject to the Hazardous Material Regulations (HMR) of the PHMSA/USDOT. Among other criteria, 49 CFR 171.1 indicates the HMR is applicable to a person who performs a Pre-Transportation Function and any one of the following:
- Offers a hazardous material for transportation in commerce.
- Transports a hazardous material in commerce.
- Causes a hazardous material to be transported in commerce.
Just what, is a Pre-Transportation Function?
According to 49 CFR 171.1(b), a Pre-Transportation Function includes but is not limited to the following:
- Determining the hazard class of a hazardous material.
- Selecting a hazardous materials packaging.
- Filling a hazardous materials packaging, including a bulk packaging.
- Securing a closure on a filled or partially filled hazardous materials package or container or on a package or container containg a residue of a hazardous material.
- Marking a package to indicate that it contains a hazardous material.
- Labeling a package to indicate that it contains a hazardous material.
- Preparing a shipping paper (bill of lading or uniform hazardous waste manifest).
- Providing and maintaining emergency response information.
- Reviewing a shipping paper to verify compliance with the HMR or international equivalents.
- For each person importing a hazardous material into the United States, providing the shipper with timely and complete information as to the HMR requirements that will apply to the transportation of the material within the United States.
- Certifying that a hazardous material is in proper condition for transportation in conformance with the requirements of the HMR.
- Loading, blocking, and bracing a hazardous materials package in a freight container or transport vehicle.
- Segregating a hazardous materials package in a freight container or transport vehicle from incompatible cargo.
- Selecting, providing, or affixing placards for a freight container or transport vehicle to indicate that it contains a hazardous material.
Even though this is not a complete list of Pre-Transportation Functions, it is still enough to encompass many activities that may not normally be considered within the scope of the HMR.
Also be aware that any person who performs a Pre-Transportation Function will require HazMat Employee Training per 49 CFR 172, Subpart H; and as follows:
- Receive initial training within 90 days of new employment or job responsibility.
- Supervised by trained and knowledgeable personnel prior to receiving training.
- Thereafter receive full training at least once every three years.
- HazMat Employee Training must include:
- General Awareness/Familiarization
- Function Specific
- Safety/Emergency Response
- Security General Awareness
- In-Depth Security (only for certain personnel of applicable facilities)